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Showing posts with label Constitution of India. Show all posts
Showing posts with label Constitution of India. Show all posts

Sunday, 3 July 2011

Fight against Corruption: Are we Serious?

Vidya Bhushan Rawat
Those were the years when the people in Uttar Pradesh and Bihar thought that now the change was about to come. The crowd at his gathering was increasing regularly. The speeches were laced with new adjectives of ‘future of India’. Rajiv’s clean image had taken a beating. The exposé had jolted his government. As the Finance Minister, he ordered that the corruption charges against prominent industrialists be probed. Many of them had to go to jail. He selected his officers on the basis of their probity and personal strength. They gave him results. Soon, the ‘best Finance Minister’ was shunted out of the Ministry to ‘defend’ the country. The industrialists wanted him out. He ordered an inquiry against corrupt politicians too and they also wanted his exit. No industrial house in India can survive without corruption. Tax evasions were rampant and he was trying to find out the big fishes without understanding that these sharks would connive together and throw him out.
He was sent to the Defence Ministry ignoring the big public opinion against his ouster. The govern-ment of that the day was habitual of such things. Rajiv was surrounded by the coterie and completely ignored saner advices. As he moved to the Defence Ministry, he found that there was a commission paid in the HDW Howitzer deal ordered from Germany. The Bofors report also came out and it became difficult for the Congress to hide its face. This ‘he’ that time was V.P. Singh whom we all love to hate despite his personal integrity and honesty in political life.
Yes, V.P. Singh was dismissed from the primary membership of the Congress Party for his fight against corruption. Yet, the successful thing was that he became the symbol of the fight against corruption in India in the late eighties. The students, middle classes jumped up and joined hands. His personal image remained clean all the time. The government of the day started a personal vendetta and fictitious reports were planted. Editors were hired to write in papers. Some of the biggest names of the Indian media jumped into the fray and allowed themselves to be used in a vicious propaganda against Singh. A fake account was opened under his son Ajeya Singh’s name in St. Kitts Island which later turned out to be fictitious. His ancestral property issue also cropped up. Yet, V.P. Singh could survive because he was simply a man of integrity and his life was open for probe.
The upper-caste middle classes were first to jump on his bandwagon when they realise that he was now ready to overthrow the government. The Brahmins of Varanasi anointed him with title ‘Rajarshi’ and he developed tremendous goodwill of the people, that is, the upper castes.
V.P. Singh came to power in 1989. He ensured that people with integrity take charge of the Ministry. The government was functioning well. It started allowing freedom to Doordarshan and All India Radio. It was refreshing to see news that time. It was working on labour and election reforms. A lot of other issues, including the Lokpal, was under consideration then. That apart, the Janata Dal as a political party had promised to fulfil 27 per cent quota for the OBCs.
On August 7, 1990, V.P. Singh announced the acceptance of the Mandal Commission recommen-dations in Parliament. For one month nothing happened and slowly the upper castes realised that their control over power is slipping and unless a slanderous campaign is started, they will be completely out of power. So, not only slander but everything that was available in the dictionary was used to defame the Dalits and OBCs. The middle class Hindus were in the streets against the OBC quota. V.P. Singh became one of the most hated politicians of our time. So much that none of the Hindu journalists ever want to say good things about him. Today, when we are fighting against corruption, none of these leaders bother to even mention his name. Why?
The answer lies in the upper-caste hatred against anything that provides connection of power to the Dalits and marginalised. V.P. Singh was the greatest person as long as he was talking about corruption and but he became the worst man once he started talking about the Dalits and OBCs. His government not only ensured the OBC quota but it also provided reservation for neo-Buddhists at the centenary celebrations of Babasaheb Dr Bhimrao Ambedkar and honoured him with Bharat Ratna. Similarly, Mayawati is not corrupt as long as she placates the upper castes but as soon as she erected those monuments of the Dalit Bahujan icons in the city of Lucknow, we are angry because we feel that the natural inheritor of our roundabouts in the city centre are the Gandhis, Nehrus, and our so many gods and goddesses. The upper caste-middle class feeling is that the Dalit Bahujan icons should remain in the bastis and dalitwadas.

WHEN we talk about corruption, how can we ignore the illicit land deals in our country? How can Anna and his team just feel that corruption is only in terms of money? The biggest corruption in today’s India is the sale of our natural resources, our land, forest and water. What is their stand on it? What will they do that powerful and well-connected people do not buy land just because they have money? Will we put a ceiling on land in India despite the people’s purchasing power? When the civil society wants to judge everyone, who will judge the civil society? What is this civil society? Did Anna and his team follow any principle of democracy in forming his team? How does democracy survive with such black-mailing tactics of Gandhi who used it to foil the separate electorate of Dalits?’
The issue of corruption is not a minor one but then those who want to fight against it should also remain clean. Yes, for people like us, they should not only be clean but also have faith in our secular pluralistic values and cannot be hate-preachers. How are these multi-billionaires, who have acquired their property in each State and even outside India, interested in the fight against corruption? Doesn’t Anna and his team know about the Baba and his games, his property and money? Is it a fight among those who say you have grabbed over one hundred million rupees and it is now our term to do so? How are we going to talk about individuals? Democracy will have to come out of such individualism and work. Yes, corruption affects us all. So why not we start to work developing a movement from the ground involving those whose lands have been grabbed by the local elites who may be donating huge sums to these anti-corruption crusaders? Should we not see who these forces we want to project as alternative are?
Just because there is a crowd does not mean that it has the right to do anything. Crowd does not provide legitimacy. Many of our friends actually feel that anyone who brings out the crowd is great. Yes, the Baba’s crowd was not a crowd for social justice. Anna’s crowd is similar. The stupidity of the Sangh’s propaganda is that the Ramlila Ground incident is being portrayed as Jalianwalla Bagh massacre. And see their gleeful faces at Rajghat. Sushma was dancing while Advani was comparing this incident to Jalianwalla Bagh. None ever questioned about the fictitious land deals of Ram Dev and other Babas. If we ignore the vital corruption in terms of land in the name of mutts, temples, gurudwaras and mosques, we cannot fight against corruption. In fact, we provide legitimacy. We cannot start a movement in which a majority of the population feels isolated, and fearful. The concern of 20 per cent Indian Muslims and other minorities are important and cannot be ignored. It is not just corruption but also their place in India and partnership in decision-making. How do we allow Dalits, Adivasis, Muslims and others partnership in our movement if we allow the entire reactionary forces in our decision-making? Just because you want to eliminate the Congress Party does not mean you can ally with anyone.
Yes, if the government and those who claim to work for us, are serious, then they must talk about corruption of all kinds, in all forms, anywhere. And not talk what is suitable to the middle classes who started corruption and want to lead the movement against it too. We want the government to release all the land papers of temples, mutts, gurudwaras, churches and mosques. Let the people know how much money is lying there and who is using that for what purpose. Anna Hazare and his team would do great harm if they do not consider this as corruption. Will they speak on it? Will they take on the religious thugs sitting on our land and water and preaching of austerity to us?
The Hindutva forces are working overnight on their agenda. They will use all the platforms which bring back power to the bramanical social order. After Ramdev, they want to bring back Uma Bharati to fight against Mayawati. While the Congress is shamelessly sticking to the Brahmin elite in Uttar Pradesh, the Hindutva forces are busy experimenting and who else can they use better than the Shudras? It is time we understand the dangers of such a fight against corruption and expose them tooth and nail. None can be a bigger threat to India than the ascendancy of the Hindutva forces to power. Let us fight against corruption and expose the very source of it.

Crtsy:http://www.mainstreamweekly.net/article2867.html

Saturday, 30 April 2011

Granville Austin

Granville Austin
Granville Austin came to live in Norwich, Vermont, in 1932 at the age of five. After attending the village's primary school and then its high school, Austin graduated from Dartmouth College in Hanover, New Hampshire, with a BA in American Literature. He then earned a doctorate in Modern Indian History from Oxford University.

Austin worked as a journalist/photographer and later served with the U. S. Information Service, Department of State, Department of Health, Education and Welfare, and on the staff of a U. S. senator. He is the author of two groundbreaking political histories of the constitution of India.

He has held fellowships or grants from from St. Antony's College, Oxford, the Ford Foundation, the Fulbright Program, the American Institute of Indian Studies, the Rockefeller Founation, the Woodrow Wilson International Center for Scholars, the Rajiv Gandhi Foundation, and the Institute of Current World Affairs.

Working a Democratic Constitution, The Indian Experience.

Granville Austin. Working a Democratic Constitution, The Indian Experience.

New Delhi, Oxford University Press, 1999; second impression, 2000. ISBN 0195648889



Working a Democratic Constitution, The Indian Experience.
by Granville Austin





CONTENTS
Abbreviations. p. xix
Introduction. p. 1
Prologue. p. 4
Part I : The Great Constitutional Themes
Emerge, 1950-66.
 p. 11
SETTLING INTO HARNESS. p. 13
The Broad Context. p. 15
Power Relations and Adjustments. p. 18
The Nehru Years Reviewed. p. 36
2 FREE SPEECH, LIBERTY AND PUBLIC ORDER. p. 38
Freedom of Expression. p. 40
Freedom of Expression: The Sixteenth Amendment. p. 50
Individual Liberty and Preventive Detention. p. 53
Preventive Detention During An Emergency. p. 63
3 THE SOCIAL REVOLUTION AND THE
FIRST AMENDMENT. p. 69
The Background. p. 70
The Amendment and Agricultural Property. p. 78
The Amendment and Non-Agricultural Property. p. 92
Removing Man-Made Inequalities. p. 94
THE RIGHTS AND THE REVOLUTION:
MORE PROPERTY AMENDMENTS. p. 99
The Fourth Amendment. p. 101
The Seventeenth Amendment. p. 110
Democracy and Socialism: The Nehru
Years in Retrospect. p. 116
5 THE JUDICIARY: 'QUITE UNTOUCHABLE'. p. 123
Judicial Independence: Appointments. p. 124
Judicial Independence: Other Risks, Other Protections. p.135
The Quality of Justice. p. 138
6 MAKING AND PRESERVING A NATION. p. 143
Forces for Unity. p. 144
Forces Against Unity. p. 148
Constitutional and Sub-Constitutional
Mechanisms for Unity. p. 156



Part II: The Great Constitutional
Confrontation: Judicial versus
Parliamentary Supremacy, 1967-73

p. 171
7 INDIRA GANDHI: IN CONTEXT AND IN POWER. p. 173
Mrs Gandhi, 'Socialism', and Power. p. 176
An Activist Political Generation. p. 182
The Year of the 'Socialists'. p. 186
The Migration of Power. p. 190
8 THE GOLAK NATH INHERITANCE. p. 196
Sowing the Wind. p. 197
Reaping the Whirlwind. p. 202
9 TWO CATALYTIC DEFEATS. p. 209
Bank Nationalization. p. 209
The Princes and their Purses. p. 220
An Evening of Mystery. p. 227
10 RADICAL CONSTITUTIONAL AMENDMENTS. p. 234
Framing the Amendments Begins. p. 236
Amendments in Parliament: The Twenty-Fourth. p. 243
Positive and Negative Reactions. p. 247
Amendments in Parliament: The Twenty-Fifth. p. 250
Tile Web's Seamlessness Forgotten. p. 253
11 REDEEMING THE WEB: THE KESAVANANDA
BHARATI CASE. p. 258
Kesavananda: The Case. p. 260
A Confusing Decision. p. 265
'Unusual Happenings' on the Bench. p. 265
12 A 'GRIEVOUS BLOW': THE SUPERSESSION
OF JUDGES. p. 278
The Supersession. p. 279
The Public Rationale. p. 283
Public Reactions. p. 285
A Brief Assessment. p. 289



Part III: Democracy Rescued Or the
Constitution Subverted?: The Emergency
and the Forty-second Amendment,
1975-7. 
p. 293
13 26JUNE 1975. p. 295
The Culmination of Trends. p. 297
More Immediate Origins. p. 298
Democracy is Extinguished. p. 309
14 CLOSING THE CIRCLE. p. 314
The Indira Gandhi Election Case. p. 314
Tile Protective Amendments. p. 319
Completing the Circle. p. 325
15 THE JUDICIARY UNDER PRESSURE. p. 328
Basic Structure Revisited:
The Kesavananda Review Bench. p. 328
An Anonymous Attack. p. 333
The Habeas Corpus Case. p. 334
The Transfer of Judges. p. 344
16 PREPARING FOR CONSTITUTIONAL CHANGE. p. 348
Change Takes Shape. p. 350
The Swaran Singh Committee. p. 353
The Committee As a Puzzle. p. 364
Tile Critics. p. 366
17 THE FORTY-SECOND AMENDMENT:
SACRIFICING DEMOCRACY TO POWER. p. 370
The Amendment. p. 371
Who Were Its Authors?. p. 374
Four Mysterious Resolutions. p. 377
The Amendment's Supporters and Opponents. p. 381
Conclusion. p. 388



Part IV: The Janata Interlude: Democracy Restored. p. 391
18 INDIRA GANDHI DEFEATED--
JANATA FORMS A GOVERNMENT. p. 393
Opposition Attempts at Unity. p. 395
Creating One from Many. p. 400
The Congress Party:
Death and Reincarnation. p. 405
19 RESTORING DEMOCRATIC GOVERNANCE. p. 409
Lengthy Amending Preparations Begin. p. 411
The Forty-third Amendment Emerges. p. 417
Drafting the Forty-fourth Amendment Continues. p. 420
The Forty-fourth Amendment in Parliament. p. 424
20 GOVERNING UNDER THE CONSTITUTION. p. 431
Fundamental Freedoms. p. 432
Judicial Independence. p. 435
Federal Issues. p. 441
Protecting Civil and Minority Rights. p. 450
21THE PUNISHMENT THAT FAILED. p. 453
22 A GOVERNMENT DIES. p. 466
A President's Discretion. p. 468




Part V: Indira Gandhi Returns. p. 483
23 GHOSTS OF GOVERNMENTS PAST. p. 484
Anthoritarianism, Dynasty, and the
Presidential System. p. 489
Reawakened Fears for the Judiciary. p. 492
24 THE CONSTITUTION STRENGTHENED
AND WEAKENED. p. 498
Parliamentary Supremacy Revisited:
The Minerva Mills Case. p. 498
Liberties Lost. p. 507
25 JUDICIAL REFORM OR HARASSMENT?. p. 516
Appointments and Transfers of Judges. p. 517
Transfers Go To Court. p. 521
The Battle of the Affidavits. p. 528
26 TURBULENCE IN FEDERAL, RELATIONS. p. 534
The Dissolution of State Assemblies. p. 536
Background to the Constitutional Revolt of 1983. p. 537
The Constitutional Revolt. p. 541
Pathway to Death. p. 546

Part VI: The Inseparable Twins: National Unity and Integrity and the Machinery of Federal Relations. p. 553
27 TERMINOLOGY AND ITS PERILS. p. 555
Definitions and Their Uses. p. 556
The Constitution's 'Federal' Provisions:
Definitions and Uses. p. 560
Federalism's Phases. p. 565
The Nehru Years. p. 565
The Indira Gandhi Years. p. 568
The Janata Years. p. 571
Nehru and Mrs Gandhi Compared. p. 572
28 THE GOVERNOR'S 'ACUTELY
CONTROVERSIAL: ROLE. p. 574
Gubernatorial Independence. p. 577
Discretionary Authority of the Governor. p. 582
Reservation of Bills. p. 590
29 NEW DELHI'S LONG ARM. p. 594
National Emergencies. p. 595
Central Forces in a State. p. 597
Political Parties and President's Rule 604
30 COORDINATING MECHANISMS: HOW 'FEDERAL' ?. p. 614
The Finance and Planning Commissions. p. 614
Other Coordinating Mechanisms. p. 623
'Federalism' and the Seamless Web. p. 628

Part VII: Conclusion p. 631
31 A NATION'S PROGRESS. p. 633
The Well-Shaped Cornerstone. p. 634
Conditions. p. 636
The Fourth Strand: Culture and the 'Survival Society'. p. 637
The Fourth Strand, Democracy and Social Revolution. p. 645
The Constitution Against Itself. p. 651
Branches and Strands. p. 658
Summing Up. p. 665 

Bibliography. p. 670Index

Thursday, 28 April 2011

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